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SHERIFF v. BURDG

Nos. 38105, 38264.

59 P.3d 484 (2002)

SHERIFF, WASHOE COUNTY, Appellant, v. Alice Mae BURDG and Kit Jerome Burdg, Respondents. The State of Nevada, Appellant, v. Stephen Glenn Santillanez and Larry Shawn Early, Respondents.

Supreme Court of Nevada.

December 20, 2002.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Appellants.

Walter B. Fey, Reno, for Respondent Kit Jerome Burdg.

Marc P. Picker, Reno, for Respondent Alice Mae Burdg.

M. Jerome Wright, Reno, for Respondent Stephen Glenn Santillanez.

Steven G. McGuire, Public Defender, James F. Logan, Chief Deputy Public Defender, and Paul C. Giese, Deputy Public Defender, Carson City, for Respondent Larry Shawn Early.

Before the Court En Banc.

OPINION

PER CURIAM.

In these consolidated appeals we consider the constitutionality of NRS 453.322(1)(b), which criminalizes possession of a majority of the ingredients required to manufacture a controlled substance. The district court granted respondents Kit Jerome Burdg's and Alice Mae Burdg's petitions for writs of habeas corpus (No. 38105) and granted respondents Stephen Glenn Santillanez's and Larry Shawn Early's motions to dismiss (No. 38264...

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